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<br />of such compliance, reducing any rebate amount or any payment of penalties, or making any payments of
<br />special amounts in lieu of making computations to determine, or paying, any excess earnings as rebate, or
<br />obviating those amounts or payments, as determined by the Director of Finance, which action shall be in
<br />writing and signed by the Director of Finance, or any other officer, including the Mayor, on behalf of the City;
<br />(b) to take any and all actions, make or obtain calculations, and make or give reports, covenants and
<br />certifications of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross
<br />income and the intended tax status of the Bonds; and (c) to give an appropriate certificate on behalf of the
<br />City, for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances, and
<br />reasonable expectations of the City pertaining to Section 148 and the Regulations, and the representations,
<br />warranties and covenants of the City regarding compliance by the City with Sections 141 through 150 of the
<br />Code and the Regulations.
<br />The Director of Finance shall keep and maintain adequate records pertaining to investment of all
<br />proceeds of the Bonds sufficient to permit, to the maximum extent possible and presently foreseeable, the City
<br />to comply with any federal law or regulation now or hereafter having applicability to the Bonds which limits
<br />the amount of bond proceeds which may be invested on an unrestricted yield or requires the City to rebate
<br />arbitrage profits to the United States Department of the Treasury. The Director of Finance is hereby
<br />authorized and directed to file such reports with, and rebate arbitrage profits to, the United States Department
<br />of the Treasury, to the extent that any federal law or regulation having applicability to the Bonds requires any
<br />such reports or rebates.
<br />Section 13. Municipal Bond Insurance. The Director of Finance, or any other officer, including
<br />the Mayor, is authorized to make appropriate arrangements, if such officer deems it in the best interest of the
<br />City, for the issuance of a municipal bond insurance policy with respect to all or any portion of the Bonds,
<br />including executing and delivering a commitment therefor and certificates and other documents in connection
<br />therewith. All additional provisions required to be authorized by this Council for the issuance of a municipal
<br />bond insurance policy shall be contained in the Certificate of Fiscal Officer.
<br />Section 14. Official Statement. The distribution of an Official Statement of the City, in
<br />preliminary and final form, relating to the original issuance of the Bonds is authorized if the Director of
<br />Finance determines that it is necessary or advisable to prepare and distribute an Official Statement in
<br />connection with the original issuance of Bonds. If the Director of Finance so determines, then the Director
<br />of Finance and Mayor, and any other officer of this Council are authorized and directed to negotiate, prepare
<br />and execute, on behalf of the City and in their official capacity, the Official Statement and any supplements
<br />thereto as so executed in connection with the original issuance of the Bonds, and they are authorized and
<br />directed to advise the Original Purchaser in writing regarding limitations on the use of the Official Statement
<br />and any supplements thereto for purposes of marketing or reoffering the Bonds as they deem necessary or
<br />appropriate to protect the interests of the City. The Mayor, Director of Finance and the Director of Law,
<br />are each authorized to execute and deliver, on behalf of the City and in their official capacities, such
<br />certificates in connection with the accuracy of the Official Statement, in either preliminary or final form,
<br />and any supplements thereto as may, in their judgment, be necessary or appropriate.
<br />Section 15. Obtaining of Rating for the Bonds. The obtaining or updating of a rating or ratings
<br />on the Bonds and the City is hereby authorized if the Director of Finance determines that it is necessary or
<br />advisable in connection with the original issuance of the Bonds. If the Director of Finance so determines,
<br />then the Director of Finance and this Council are hereby authorized and directed to take all steps necessary
<br />to obtain such rating or ratings, including paying the rating fees imposed by any rating agency and paying
<br />and travel expenses relating to obtaining such rating or ratings.
<br />Section 16. Appointment of Bond Counsel. The Council approves of the appointment of the
<br />law firm of Bricker Graydon LLP to serve as Bond Counsel to the City with respect to the issuance of the
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